The Veteran's claim for an increased disability evaluation for his service-connected L5-S1 herniated nucleus pulposus (HNP) is being remanded due to the need for a current VA examination and additional evidence.
The deciding factor: The case was remanded because the Veteran alleged that his symptoms associated with his service-connected HNP are more severely disabling than reflected by the currently assigned disability evaluation, warranting a higher rating. The Veteran also testified in July 2009 that his back symptoms had worsened since his January 2008 VA examination.
- Claimed conditions
- L5-S1 herniated nucleus pulposus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2009
- Citation
- 0944753
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0944753.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded three issues: revising the 1991 and 1993 rating decisions for L5-S1 herniated nucleus pulposus, determining an earlier effective date for left lower extremity radiculopathy of the sciatic nerve, and evaluating right lower extremity radiculopathy of the sciatic nerve higher than 20 percent. The issues are inextricably intertwined with each other.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings and TDIU due to the receipt of additional relevant evidence after the issuance of the October 2016 and April 2017 Statements of the Case. The AOJ is instructed to consider this new evidence in its first instance.
- Denied
The Veteran's claims for increased ratings and entitlement to a TDIU were denied due to failure to report for VA examinations.
- Remanded (sent back)
The Veteran's appeal involves multiple issues related to her service-connected disabilities, including PTSD and cervical strain. The Board has found that the evidence is insufficient to grant higher ratings for these conditions or to establish new service connection for additional conditions such as traumatic brain injury and post-traumatic headaches. The case is remanded for further development.
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